HAIRSTON v. COM.

Record No. 0334-85.

343 S.E.2d 355 (1986)

Jessie McDonald HAIRSTON v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia.

May 6, 1986.


Attorney(s) appearing for the Case

Steven D. Benjamin (Cabell, Paris, Lowenstein & Bareford, Richmond, on brief), for appellant.

Marla Lynn Graff, Asst. Atty. Gen. (William G. Broaddus, Atty. Gen., on brief), for appellee.

Present: KOONTZ, C.J., and BENTON and MOON, JJ.


KOONTZ, Chief Judge.

Jessie McDonald Hairston, appellant, was convicted by a jury on November 1, 1984, on a charge of robbery and use of a firearm in the commission of that robbery. He was sentenced to a term of twenty-four years in the penitentiary. In this appeal appellant contends that there was a fatal variance between the allegations of the indictments and the offenses proved at trial. We hold that variance was not fatal and affirm the convictions.

The...

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